Kumari Kanishka R Vs United India Insurance Company Ltd.

KUMARI KANISHKA R D/O RAMAKRISHNA G, NOW AGED ABOUT 14 YEARS, R/AT NO.25/6, 5TH CROSS, NEAR METRO PILLOR NO.99, KANAKAPURA MAIN ROAD, YELACHENAHALLI, BENGALURU-560078

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Digitally signed by SHARADAVANI B

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Location: HIGH COURT OF KARNATAKA

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APPELLANT BEING MINOR, REPRESENTED BY HER FATHER AND NATURAL GUARDIAN, SRI RAMAKRISHNA G, S/O GOVINDARAJU

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(BY SRI. GIRIMALLAIAH., ADVOCATE)

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…APPELLANT

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AND:

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UNITED INDIA INSURANCE COMPANY LTD., REGIONAL OFFICE, T P HUB, KRISHI BHAVAN, 6TH FLOOR,

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HC-KAR

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HUDSON CIRCLE, NRUPATHUNGA ROAD, BENGALURU-560001 BY ITS MANAGER.

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MR. VINAY B S/O BASAVALINGAIAH, MAJOR, (AGE OF R-2 NOT KNOWN TO APPELLANT) NO.102, SILVER SPRINGS, RAGHAVENDRA LAYOUT, OFF KANAKAPURA ROAD, BENGALURU-560062

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…RESPONDENTS

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(BY SRI. NAGARAJAIAH K., ADVOCATE FOR R1,

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V/O DTD. 04.06.2025 NOTICE TO R2 IS D/W)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.06.2024 PASSED IN MVC NO. 5858/2022 ON THE FILE OF THE XIX ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU SCCH-17 PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION BARRED BY TIME.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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HC-KAR

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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Heard the arguments of both the sides.

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This appeal is filed against the judgment and award passed in M.V.C.No.5858/2022 dated 04.06.2024 by the Court of Motor Vehicles Accident Claims Tribunal, Member, MACT, XIX Additional Judge, Court of Small Causes, Bengaluru City, SCCH-17.

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Injured claimant, who is aged 12 years has met with an accident on 05.09.2022 and his father as a natural guardian filed the claim petition claiming compensation of Rs.20,00,000/-. Tribunal after considering the entire evidence on record has granted an amount of Rs.4,41,000/- with interest at the rate of 6% per annum from date of petition till its realization.

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Aggrieved by the said award, he preferred an

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appeal and mainly contended that she sustained grievous

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HC-KAR

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injuries and was hospitalized for a period of 09 days. He also examined PW.2-doctor and he assessed the disability of 54% to the lower limb and 18% to the whole body. But the Tribunal has relied upon the case of MALLIKARJUN VS. DIVNL.MGR.NATIONAL INS.CO.LTD. & ANR. reported in (2014) 14 SCC 396 and granted meagre compensations, and thus, he requested for enhancement of the compensation.

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Learned counsel for the appellant relied upon the judgment in the case of HITESH NAGJIBHAI RABARI

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VS. BABABHAI NAGJIBHAI RABARI AND ANOTHER reported in

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2025 ACJ 1986 , at paragraph No.9 has held as follows:

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“9. On the aspect of monthly income of the minor appellant, we are inclined to interfere with the judgement and order of the courts below. In the present case, it is evident that the courts below have failed to take into account the monthly income of the appellant while determining the quantum of compensation. It is now a well-entrenched and consistently reiterated principle of law that a minor child who suffers death or permanent disability in a

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HC-KAR

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motor vehicle accident, cannot be placed in the same category as a non-earning individual for the purposes of assessing the amount of compensation because the child was not engaged in gainful employment at the time of the accident. In such a case, the computation of compensation under the held of loss of income ought to be made by adopting, at the very least, the minimum wages payable to a skilled workman as notified for the relevant period in the respective State where the cause of action arises.”

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6. Learned counsel for the respondent stated that

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as per the medical evidence, he sustained permanent disability at 54%. Therefore, he is entitled for a sum of Rs.4,00,000/- compensation as per the citation of

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MALLIKARJUN (Supra).

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7. Considering the age of the victim girl and also

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the nature of injuries sustained by her, this Court finds it reasonable to take her notional income as Rs.15,500/-

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as per the chart prepared by the Karnataka State Legal

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HC-KAR

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Services Authority, and the multiplier is to be taken as ‘15’.

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The petitioner examined the Professor of

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Orthopaedics at SITO, Bengaluru as PW.2. He stated that the petitioner has sustained the following injuries:

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Bimalleolar fracture (R) Ankle

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X-ray of the part was taken, POP Slab was applied and the patient was prepared for surgery. Then on 09.09.2022 under spinal Anaesthesia the Bimalleolar fracture was operated with Tension Band Wiring for Medical Malleolus and plate and screws for Lateral Malleolus was done.

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The doctor has assessed the permanent

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physical disability of 54% to the right lower limb and 18% to the whole body. This Court finds it reasonable to take the disability as 1/3^rd of 54% i.e., 18%. Hence, the 'loss of future earning capacity’ comes to Rs.5,02,200/-

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Rs.15,500 x 12 x 15 x 18%).

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HC-KAR

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The Tribunal has granted Rs.16,000/- towards

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'medical expenses' as per Ex.P8-the medical bills produced and the same is confirmed.

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The claimant was in the hospital for a period of 9 days. Considering the nature of injuries sustained, period of hospitalisation, his age and other relevant factors, this Court finds it reasonable to grant an amount of Rs.30,000/- under the head of ‘pain and suffering’ and Rs.20,000/- under the head of 'loss of amenities'.

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This Court granting an amount of Rs.30,000/- under the head of 'transportation, extra nourishment and attendant charges' .

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The Tribunal has granted Rs.30,000/- towards

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'future medical expenses' and the same is confirmed.

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The doctor stated that the claimant requires another surgery for removal of implants and approximate cost of the surgery is Rs.15,000/- to Rs.18,000/- in his

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HC-KAR

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hospital. Therefore, Rs.18,000/- is granted under the

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head of ‘future medical expenses’ .

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Considering his notional income as Rs.15,500/-

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per month, this court finds it reasonable to grant an amount of Rs.31,000/- under the head of ‘loss of income for the parents during treatment period’.

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Thus, in all, the claimant is entitled for the

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following compensation:

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SL.NO.	PARTICULARS	AMOUNT (IN.RS.)
1.	Pain and suffering	30,000.00
2.	Medical Expenses	16,000.00
3.	Loss of future earning capacity	5,02,200.00
4.	Loss of amenities	20,000.00
5.	Future medical	18,000.00
6.	Attendant, conveyance, food and nourishment charges	30,000.00
7.	Loss of income for the parents during treatment period	31,000.00
	Total	6,47,200.00

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HC-KAR

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The Tribunal has awarded the compensation of Rs.4,41,000/-. Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.2,06,200/- (Rs.6,47,200/- – Rs.4,41,000/-).

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Accordingly, I proceed to pass the following:

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ORDER

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i. The appeal is allowed-in-part .

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ii. The judgment and award passed by the Tribunal in M.V.C.No.5858/2022 dated 04.06.2024 by the Court of Motor Vehicles Accident Claims Tribunal, Member, MACT, XIX Additional Judge, Court of Small Causes, Bengaluru City, SCCH-17. is hereby modified holding that the claimant is entitled for enhanced compensation of Rs.2,06,200/along with interest @ 6% p.a.

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iii. Respondent No.1 is directed to deposit the compensation amount along with interest at the rate of 6% p.a., within a period of one month from today. On such deposit, the

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